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Corruption and You

MEETESH SHIROYA
Last updated: 31 December 2016
  7 min read    Share   Bookmark


In India the word CORRUPTION is associated with the bottom line and it will grow day-by-day, which cannot be stopped now. Because it is inserted in the subconscious mind, it is now never going to change. 

"CORRUPTION IS NOT IN THE HANDS OF THE PEOPLE, IT IS IN THE MIND OF THE PEOPLE"

So now the question is what is corruption?

In Simple Language “CORRUPTION MEANS MISUSE OF POWER FOR PRIVATE GAIN”. Is it that easy to say? No way, corruption is a form of dishonest or unethical conduct by a person entrusted with a position of authority, often to acquire personal benefit.

It does not seem to be stable. Now, from the following example, you can get an exact idea of what corruption is?

Example:

If someone receives a notice from Income Tax for calling Information and data in respective Financial Year. First, they get the fear inside and start consulting with so many people and finally prepare themselves for hearing. Whenever they go for hearing, the mind-set has already come to conclusion, and that is to settle the case. However, they go with all the required documents, then also Assessing Officer may ask some more documents or ask for more information regarding your return. This is the general mentality of AO to waste time, rather, I can say that, to come to their purpose. When you provide all the information correctly then also they may be wanting some money for settling of the case, it generally happens.

This is a practical scenario and this is reality. When you provide the data accurately then also they threaten that you violate the said provision and as per that you may be liable to this amount of penalty and as a lay man we will not be in any position to indulge in all this thing and we also want to settle the case. So I can say that, actually we are also person in crime at that time when we come to conclusion for settling a dispute by providing the amount as they want. Ultimately this is the real practice which is being used by many officers, and therefore the ratio of Corruption will grow day-by-day. No one can deny the same.

So the first Step of corruption starts here and it will catch to the people. No doubt assessee is also a person in crime because he is also ready to settle the case rather to face the situation.

Why is Corruption growing?

This is a big question for all, yes corruption has increased because we want to do that and encourage that. If we legally pass the process as per Act, it amounts to lengthy process and also it may be possible to waste time in the process. So that's why, we are try to resolve the case as early as possible and it is the only reason behind growing corruption day-by-day.

Where is the Corruption?

This is a silly question, because it will be associated with the bottom to top line. So everywhere you will find the same. Not only in India it is a big question for all over the World. However, India ranks 76th in global corruption index.

How to remove Corruption?

There is no way to remove corruption. However, effort will be taken to reduce the same.

The question is how?

Simple way, to make the Law stronger, remove the interference of people with Public Authority in the procedure and system (Which seems to be a great challenge, but yes efforts are taken for that, as Recently Finance Minister said, in GST efforts are taken to remove the Interference of people with Authority) and reduce penalty in case of breach of Law. Let's try to understand it better with example.

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Example !!

If you are driving a bike, suddenly one call will come to you and you pick up your Mobile Phone while driving your bike and suddenly traffic police come to you and catch you in the same situation, what is your reaction?

Sure you are a person in crime. And as per Law you were caught while talking on Phone and simultaneously driving a bike, you must be liable for a penalty of Rs. 1000/-. Now if officer asked for PUC and if you don't have the same, then another penalty of Rs. 200/-. I am not considering the penalty for violation of Driving license. Because it is quite common and everyone owns that.

Actual Penalty of Rs. 1200/- while as a common man what is your expression? You deny to pay the penalty!! But obviously. And ask for settlement!

Is it Right?

Yes, most of us or I can say that, 99% people do such things. And it finally ends with settlement. So you are arguing with the respective officer and request for not issuing Challan for crime. So what is the demand of the said officer. He will ask money for that and we are ready to pay the money. This is Current scenario. Same way, we are ready to pay an amount of Rs. 100/- or may be more if circumstance arises instead of Actual Amount of Rs. 1200/-. So this is the reality and first step for entering into Corruption.

Same way when we are going through for Scrutiny our first preference is to complete the said process as early as possible. It is general practice of the Income Tax officer to call for 3 to 4 meetings and after that they will start asking the bribe for completion of said Scrutiny. And yes, but obviously, our intention is also same like that. Such things one can learn only by practical experience.

However this is general practice, not everyone will be doing that, some officer must follow the Strict Rules, irrespective of the Circumstances. So, this practice needs to be implemented across India.

Same process will happen in case of Demonetization, a recent initiative started by Government. Many people who has reference take the money from Bank easily while poor people have to wait for their turn in a long queue. This is not good at all, I have already said the same thing in my previous Article also.

After that, a lot of search has been initiated by Department and  they have caught many people who are doing such practices and collected huge amount from them. Actually, the question is “Why the system is not SAME for ALL?" So this is practically what happens which no one has discussed, why? I don't know but yes this is absolutely true.

Now the big question is who are providing such money to them. Ultimately, its the bank officer.

Now I just noticed, If you visit the Center of IT i.e. “AAYAKAR BHAVAN", if you have noticed carefully then you shall find one board at the entrance gate in which it was written as, if any officer Asking for Bribe you need to directly contact with Anti-Corruption Bureau, this is just written not practically enforced. This is what need to be implemented.

I am not just arguing on same but actually, we as Citizens also need to ensure with law. Because whatever our Act will be, it will empower the other person to do the same.

Practically, we are the ones who have actually increased the corruption. Because, we want to close the process or settle the case as early as possible, by providing some money to Public Authority.

What are the options available to remove corruption?

First, Law should be made stronger and remove the huge penalty for smaller violations. Change the system with corrupt mind people and also make harsh punishment with imprisonment if someone caught with corrupt practices.

No doubt it will take time to change the system, but surely, we will succeed if we are on the right way.

This is a small step towards corruption but will ensure the benefits at last, to all the Indians in future.


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Comments

9 years ago Anantha Padmanaban

Te topic is informative and real. But there are lot of grammatical mistakes which may be corrected before publication which will increase the rating of the club and lawyers by public.


9 years ago dr g balakrishnan

in that way ITAct 1922 worked - 'informative indeed. not a critique. anyway the object of demonetization is two fold - to see terror financing is dried up from the black money source ; fact is now something else; CBDT advised no demonetization as just 6% is in black funds; in that light, demonetization of Modi could be a hasty effort; one needs to see the overall effect; most common men of 125 crore population of India really suffered in the period from Nov 9th to dec 30th so far; road ahead is anybodies say of guess work only, in fact there is not much of economics studies or econometric studies really carried out; if to be done it is indeed a long drawn process one can say with some certainty; in fact no one blames Modi, as he is no economist like DR. Manmohan Singh is, besides he was himself a governor of RBI earlier -indeed a patient researcher unlike today researchers in any branch of studies, i have seen since 1960s - ; he did not dare to do this effort, may be due to the futility of exercise that could be, as it is a well known fact - any currency system in any mode would allow 'black funds ' to emerge - as ideas of 'black' came from not accounting to government is the sum and substance of black money ; that way IT Act 1922 permitted sec 66 but allowed one to account by saying ' no clear accounting is done' but i have so much funds, i will pay under 'the highest slab' earner allowed to pay highest tariff say 33% of the funds; that way by that Act the govt anointed the 'black funds' as such, that seems sensible idea of any governance economics - 'if you cannot track as you are today, what is wrong to allow 'unaccounted cash' probably would have been deposited in the banking system, means, 'circulation of money flow as cash flow ' would have really augmented the economy , better than what the 'economic growth talks about today'; reason is all that you printed the currency in paper or plastic paper mode' that need to be preserved - 'only some value rationale you can adjust as in exchange market where the currency values moves up and down as the values of different currencies fluctuate ' more than that idea you cannot do any thing meaningful is already taught to you by Economics of Exchanges adopted internationally under parity managements all over the world; that way some even flow continues, that method adjusts the values of the currency as a factor managerial technique may be; you cannot over night kill the currency and flush with new currency as such, for that kind of experiments failed is the economic history of any country; so obviously 'demonetization' is no panacea as such to absorb the 'black money as such' for earlier experiments failed miserably; when you say RBI governor Mr Patel was in the loop; he shd have said , as 'demonetization world over miserably failed , there is 'No point visiting that mechanics; that kind of view Mr Raghuraman Rajan felt, so many governors of central banks all over by experiential exposure; i would have pardoned if Modi, and Arun did this 'demonetization' ; but fact is how Dr Patel who was considered to be a good economist faltered with such backing of his knowledge in economics of money. Demonetzation by Modi cannot achieve anything meaningful except forcing the economy downward trend, and new currency chests in new generation of 'black funds' obviously will never go into banks, but in the closed 'chests' some where languishing, if Modi idea of 200% penalties or 300% penalties, no black money hoarder would like to pay to the government however much he is a close friend to BJP, RSS or Modi himself; only thing is further suffering in economic growth is imminent unfortunately as unemployment soaring, prices of commodities, materials are in downward trend, new employment will be low, as many are shown the door, as economy cannot sustain of the promoters of any businesses is very very obvious, unfortunately. sorry. tks


9 years ago dr g balakrishnan

when we cannot kill corruption as corruption is like a giant's blood spills, every drop creates much bigger giant there is a view, prevailing since time immemorial.


9 years ago dr g balakrishnan

i being a senior advocate of bombay high court say here - sashikala's elevation itself is a corrupt practice - obviously illegal way she is the general secretary as the resolution is not vetted by a competent court, as the charity commissioner of TN cannot vet as he is an instrument under the government run by the very same party in power in a brute majority, like BJP in Lok sabha as a brute majority behaving like ''yes-men'' to one top man or woman in power, either in an arbitrary way or just like a ignorant man not knowing the ''proprieties of governance; this i state without any malice on anyone in any power,


9 years ago dr g balakrishnan

obviously sashikala election is full of flaws is very obvious corruption in the rule of law as such when so would you believe the people of tamilnadu would reelect this party to power?


9 years ago dr g balakrishnan

Even demonetization is a corrupt sub delegation Act, even if RBI governor participated when Art 14 is flouted blatantly. as ot is a laid down principle once Constitution of India was promulgated in 1950. No President or no PM can take constitutional law proprieties for granted.


9 years ago dr g balakrishnan

You pass a statute, several times in conflict with Constitutional proprieties mean you just wantonly transgress the very 'constitutional proprieties', who gave you such arbitrary powers one needs to ask these so called Central and State governments, election of parties to rule is only to permit tem rule within the frame work of the Constitution; but none raises this important question of rule of law paradigm anywhere , is it not a Himalayan corruption? If you are nmn advocate you need to live with in the framework of the Constitution; but these worthies too indulge in these kind of corruption as bar council of india failed to suspend such over bearing lawyers - obviously 'Corruption' rules everywhere like 'Ravana'.


9 years ago dr g balakrishnan

Even a questionable conduct called ,in service rules of any public service officers' called 'taint', is equally a super corruption, that is like if the 'fence eats the crops, though the fence ought to protect the crops' means it is the worst type of corruption in any democratic governance.


9 years ago dr g balakrishnan

see how ms sashikala natarajan became the general secretary by so called general council of AIADMK party is equally a corrupt proposition, just because, Gen Secy position is very vital, besides any member contesting here she did not contest, ought to have been member if the party continuously for 5 years - how they can change without concurrence of the resolution is vetted by a competent court of law is the first major question, when the registering authority , being the very local govt, cannot vet unless the competent court has vetted, this is also another Himalayan Corruption is obvious, can be charged under sec 13 of prevention of corruption Act r/w Art 51A of the Part IVA of the constitution of India (under fundamental duties applicable to any citizen or a legal citizen or an Art 12 set up). Yet the so called novice govt in TN allowed the passing of the so called 'resolution' by so called so many 'Advocates' in the party present , meaning thereby 'corruption' rules the roost.


9 years ago dr g balakrishnan

see, in the chief secretary of tamilnadu Mr Ram Mohan Rao, the ED tax officers did not show him the warrant, as it did not contain his name, when so how can they enter his residence, an out of bound area, for any; fact is IRS officers have a grouse on IAS officers and their status. They use these so called 'opportunity of questioning any one' as a tool to either get bribes - see this man was having only rs. 1, 12,320 or so as excess cash in his hse besides only 40 grms of gold, but how the tax men foisted on him all kinds of allegations, when the CM is a person not like CM ms JJ, that made him pay the price; as this CM simply went by central advice to suspend him to discharge him but under article 311 'no public service officer of all india service' can be just 'dismissed' without proper inquiry and real findings, besides right conviction in either CAT and HC and appellate SC under service laws, after all jobs are treated as a personal property after land mark judgement in L.Chandra kumar v UOI...but this man is suspended, suspension is not any black mark at all till he is convicted finally by the competent court; yet he was suspended; and being illegally treated by powers as if the convict. so the governments in place too are equally corrupt like the centre either by over bearing behavior or like a timid state like TN, Both governments under my considered opinion is obviously corrupt in their governance paradigm. my article will fol;ow soon to explain, things well under constitutional interpretation paradigm.


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